M/s Shree Kamakhya Roadlines PvtVsM/s Shiv Priya Cables Pvt Ltd

Order Details: COPY OF ORDER
Pdf Text: 16CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables PvtLtd
17.12.2024
Present : Ms. Lalita, Advocate, Proxy Counsel for the plaintiff.
None for the defendant, who is already ‘exparte’ vide
order 06.06.2024.
Separate judgment has been passed, whereby, the suit of
the plaintiff has been decreed, in favour of the plaintiff and against the
defendant, for an amount of Rs.13,64,646/- along with interest @ 9%
per annum w.e.f. 01.10.2021, till its realization; with costs and expenses
i.e. the fees of the counsel for the plaintiff, as provided under the High
Court of Delhi, Rules.
The decree sheet be prepared accordingly.
File be consigned to record room, after due compliance.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/17.12.2024/rs
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 8CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables PvtLtd
03.12.2024
Present : Sh. Chaman Sharma, Sh. R.K. Sharma and Ms. Lalita
Advocates for the plaintiff.
None for the defendant, who is already ‘exparte’ vide
order dated 06.06.2024.
The ld. Counsels for the plaintiff have concluded their
Final Arguments on behalf of the plaintiff.
Adjourned for ‘exparte’ judgment on 17.12.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/03.12.2024/rs
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 11CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya CablesPvt Ltd
08.11.2024.
Present : Sh. R.K. Sharma, Advocate, Proxy Counsel for the
plaintiff.
None for the defendant, who is already ‘exparte’ vide
order dated 06.06.2024.
The Ld. Main Counsel for the plaintiff reported to be not
available today, to address the final arguments, as he is busy in some
other court.
On request of the Ld. Proxy Counsel for the plaintiff,
adjourned for ‘exparte’ final arguments on 03.12.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/08.11.2024/rs
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 11CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya CablesPvt Ltd
08.11.2024.
Present : Sh. R.K. Sharma, Advocate, Proxy Counsel for the
plaintiff.
None for the defendant, who is already ‘exparte’ vide
order dated 06.06.2024.
The Ld. Main Counsel for the plaintiff reported to be not
available today, to address the final arguments, as he is busy in some
other court.
On request of the Ld. Proxy Counsel for the plaintiff,
adjourned for ‘exparte’ final arguments on 03.12.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/08.11.2024/rs
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 11 CS (COMM) 96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables
Pvt Ltd
08.10.2024
Present : Sh. Chaman Sharma and Sh. Virender Kumar,
Advocates, for the plaintiff, with Sh.Madan Lal
Sharma, director of the plaintiff company.
None for the defendant, who is already ‘exparte’,
vide order dated 06.06.2024.
PW-1 Sh. Madan Lal Sharma is examined and
discharged. The Ld. Counsel for the plaintiff does not want to
examine any other witness, on behalf of the plaintiff and has
closed the exparte plaintiff’s evidence in the affirmative.
On his request, adjourned for ‘exparte’ final
arguments on 08.11.2024.
Brijesh Kumar Garg
District Judge
Commercial Court-01
Shahdara Distt, KKD, Delhi
08.10.2024
NR
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 11 CS (COMM) 96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables Pvt
Ltd
05.09.2024.
Present : Sh. Chaman Sharma, Advocate for the plaintiff with
PW1 Sh. Madan Lal Sharma.
None for the defendant, who is already ‘exparte’ vide
order dated 06.06.2024.
The ld. Counsel for the plaintiff has prayed for
adjournment on the ground that the witness has not brought the
original minute book, pertaining to the Board Resolution dated
06.02.2023.
On his request, adjourned for ‘exparte’ plaintiff’s
evidence, as last and final opportunity to the plaintiff, on the next date
of hearing on 08.10.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/05.09.2024/rs
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 12 CS (COMM) 96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables Pvt
Ltd
12.08.2024.
Present : Ms. Lalita, Advocate, Proxy Counsel for the plaintiff.
None for the defendant who is already ‘exparte’ vide
order dated 06.06.2024.
The Ld. Proxy Counsel for the plaintiff has filed a
Certificate in the form of affidavit u/o XI Rule 6 CPC, as amended for
the Commercial Courts Act, 2015. The same be taken on record.
The witness Sh. Madan Lal Sharma is reported to be not
available today, due to sickness.
On request of the Ld. Proxy Counsel for the plaintiff,
adjourned for ‘exparte’ plaintiff’s evidence, as last opportunity to the
plaintiff, on the next date of hearing, on 05.09.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/12.08.2024/rs
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 8 CS (COMM) 96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables Pvt
Ltd
19.07.2024.
Present : Sh. Chaman Sharma, Advocate for the plaintiff with PW1
Sh. Madan Lal Sharma.
None for the defendant who is already ‘exparte’ vide
order dated 06.06.2024.
The Ld. Counsel for the plaintiff has prayed for
adjournment on the ground that the witness has not brought the
original Minute Book of Board Resolution, dated 06.02.2023.
He also seeks some time to file the affidavit of the
witness u/o XI Rule 6, as amended for the Commercial Courts Act,
2015.
On his request, adjourned for ‘exparte’ plaintiff’s
evidence on 12.08.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
rs Shahdara District, KKD Courts,
Delhi/19.07.2024
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 11 CS (COMM) 96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables Pvt
Ltd
06.06.2024.
Present : Sh. Chaman Sharma, Advocate for the plaintiff.
None for the defendant since morning despite repeated
calls.
Case file is perused.
It is observed that the defendant was duly served with the
summons of the suit for settlement of issues on 20.04.2024 and
therefore, in the interest of justice, a further period of two weeks was
granted to the defendant, vide order dated 01.05.2024 to file the
Written Statement. But, no Written Statement has been filed on behalf
of the defendant, till date.
It appears that the defendant is deliberately and
intentionally not appearing before the Court and is not filing his
Written Statement. Therefore, the defendant is hereby proceeded
‘exparte’.
Plaintiff shall file its list of witnesses, along with
affidavits of all its witnesses, within a period of two weeks from
today.
Adjourned for ‘exparte’ plaintiff’s evidence on
19.07.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
rs Shahdara District, KKD Courts,
Delhi/06.06.2024
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 4CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables PvtLtd
22.04.2024
Present : Sh. Chaman Sharma, Advocate for the plaintiff.
The Ld. Counsel for the plaintiff seeks a few days time to
file an affidavit of service.
The same be filed, within a period of one week from
today.
Adjourned for further proceedings on 01.05.2024.
Brijesh Kumar Garg,
rs District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/22.04.2024
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 4CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables PvtLtd
19.03.2024
Present : Ms. Lalita, Advocate, Proxy Counsel for the Plaintiff.
Process issued to the defendant is received back un-
served.
In these circumstances, issue fresh process to the
defendant, as per previous orders, for the next date of hearing, on
22.04.2024.
Brijesh Kumar Garg,
rs District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/19.03.2024
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 7CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables PvtLtd
21.02.2024
Present : Sh. Chaman Sharma, Advocate for the Plaintiff.
The Ld. Counsel for the plaintiff has made clarifications
regarding the delivery of goods.
In view of the submissions of the Ld. Counsels for the
plaintiff, issue summons of the suit for settlement of issues to the
defendant, by all modes, including electronic modes, on filing of PF
and RC, for the next date of hearing.
In compliance of the judgment of the Hon'ble High Court
of Delhi, in case titled as, ‘North Delhi Municipal Corporation v.
M/s Dhingra Constructions Company’, passed in CM (M) No.
136/2020, dated 05.02.2020, it be specifically mentioned on the
summons that the present suit is a commercial suit and the defendant
is required to file his written statement within the mandatory period of
30 days of his service, and upto a period of 120 days, subject to
permission and cost and no extension can be granted.
Adjourned for further proceedings, on 19.03.2024.
(Brijesh Kumar Garg)
rs District Judge (Commercial Court) - 01
Shahdara, Karkardooma Delhi/21.02.2024
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 6CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables PvtLtd
08.02.2024
Fresh commercial suit for recovery is received on assignment
through e-filing portal of the District Court. It be checked and
registered.
Present : Sh. R.K. Sharma, Advocate for the plaintiff.
Case file is perused.
Submissions of the Ld. Counsel for the plaintiff are also
heard.
The Ld. Counsel for the plaintiff seeks some time to file
the documents regarding delivery of goods and to make clarifications
regarding the territorial jurisdiction of this Court to try and entertain
the present dispute.
On request of the Ld. Counsel for the plaintiff, adjourned
for filing the delivery documents and for consideration of the present
suit on 21.02.2024.
(Brijesh Kumar Garg)
rs District Judge (Commercial Court) - 01
Shahdara, Karkardooma Delhi/08.02.2024
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 8CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables PvtLtd
03.12.2024
Present : Sh. Chaman Sharma, Sh. R.K. Sharma and Ms. Lalita
Advocates for the plaintiff.
None for the defendant, who is already ‘exparte’ vide
order dated 06.06.2024.
The ld. Counsels for the plaintiff have concluded their
Final Arguments on behalf of the plaintiff.
Adjourned for ‘exparte’ judgment on 17.12.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/03.12.2024/rs
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 11CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya CablesPvt Ltd
08.11.2024.
Present : Sh. R.K. Sharma, Advocate, Proxy Counsel for the
plaintiff.
None for the defendant, who is already ‘exparte’ vide
order dated 06.06.2024.
The Ld. Main Counsel for the plaintiff reported to be not
available today, to address the final arguments, as he is busy in some
other court.
On request of the Ld. Proxy Counsel for the plaintiff,
adjourned for ‘exparte’ final arguments on 03.12.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/08.11.2024/rs
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 11CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya CablesPvt Ltd
08.11.2024.
Present : Sh. R.K. Sharma, Advocate, Proxy Counsel for the
plaintiff.
None for the defendant, who is already ‘exparte’ vide
order dated 06.06.2024.
The Ld. Main Counsel for the plaintiff reported to be not
available today, to address the final arguments, as he is busy in some
other court.
On request of the Ld. Proxy Counsel for the plaintiff,
adjourned for ‘exparte’ final arguments on 03.12.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/08.11.2024/rs
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 11 CS (COMM) 96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables
Pvt Ltd
08.10.2024
Present : Sh. Chaman Sharma and Sh. Virender Kumar,
Advocates, for the plaintiff, with Sh.Madan Lal
Sharma, director of the plaintiff company.
None for the defendant, who is already ‘exparte’,
vide order dated 06.06.2024.
PW-1 Sh. Madan Lal Sharma is examined and
discharged. The Ld. Counsel for the plaintiff does not want to
examine any other witness, on behalf of the plaintiff and has
closed the exparte plaintiff’s evidence in the affirmative.
On his request, adjourned for ‘exparte’ final
arguments on 08.11.2024.
Brijesh Kumar Garg
District Judge
Commercial Court-01
Shahdara Distt, KKD, Delhi
08.10.2024
NR
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 11 CS (COMM) 96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables Pvt
Ltd
05.09.2024.
Present : Sh. Chaman Sharma, Advocate for the plaintiff with
PW1 Sh. Madan Lal Sharma.
None for the defendant, who is already ‘exparte’ vide
order dated 06.06.2024.
The ld. Counsel for the plaintiff has prayed for
adjournment on the ground that the witness has not brought the
original minute book, pertaining to the Board Resolution dated
06.02.2023.
On his request, adjourned for ‘exparte’ plaintiff’s
evidence, as last and final opportunity to the plaintiff, on the next date
of hearing on 08.10.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/05.09.2024/rs
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 12 CS (COMM) 96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables Pvt
Ltd
12.08.2024.
Present : Ms. Lalita, Advocate, Proxy Counsel for the plaintiff.
None for the defendant who is already ‘exparte’ vide
order dated 06.06.2024.
The Ld. Proxy Counsel for the plaintiff has filed a
Certificate in the form of affidavit u/o XI Rule 6 CPC, as amended for
the Commercial Courts Act, 2015. The same be taken on record.
The witness Sh. Madan Lal Sharma is reported to be not
available today, due to sickness.
On request of the Ld. Proxy Counsel for the plaintiff,
adjourned for ‘exparte’ plaintiff’s evidence, as last opportunity to the
plaintiff, on the next date of hearing, on 05.09.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/12.08.2024/rs
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 8 CS (COMM) 96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables Pvt
Ltd
19.07.2024.
Present : Sh. Chaman Sharma, Advocate for the plaintiff with PW1
Sh. Madan Lal Sharma.
None for the defendant who is already ‘exparte’ vide
order dated 06.06.2024.
The Ld. Counsel for the plaintiff has prayed for
adjournment on the ground that the witness has not brought the
original Minute Book of Board Resolution, dated 06.02.2023.
He also seeks some time to file the affidavit of the
witness u/o XI Rule 6, as amended for the Commercial Courts Act,
2015.
On his request, adjourned for ‘exparte’ plaintiff’s
evidence on 12.08.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
rs Shahdara District, KKD Courts,
Delhi/19.07.2024
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 11 CS (COMM) 96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables Pvt
Ltd
06.06.2024.
Present : Sh. Chaman Sharma, Advocate for the plaintiff.
None for the defendant since morning despite repeated
calls.
Case file is perused.
It is observed that the defendant was duly served with the
summons of the suit for settlement of issues on 20.04.2024 and
therefore, in the interest of justice, a further period of two weeks was
granted to the defendant, vide order dated 01.05.2024 to file the
Written Statement. But, no Written Statement has been filed on behalf
of the defendant, till date.
It appears that the defendant is deliberately and
intentionally not appearing before the Court and is not filing his
Written Statement. Therefore, the defendant is hereby proceeded
‘exparte’.
Plaintiff shall file its list of witnesses, along with
affidavits of all its witnesses, within a period of two weeks from
today.
Adjourned for ‘exparte’ plaintiff’s evidence on
19.07.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
rs Shahdara District, KKD Courts,
Delhi/06.06.2024
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 4CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables PvtLtd
22.04.2024
Present : Sh. Chaman Sharma, Advocate for the plaintiff.
The Ld. Counsel for the plaintiff seeks a few days time to
file an affidavit of service.
The same be filed, within a period of one week from
today.
Adjourned for further proceedings on 01.05.2024.
Brijesh Kumar Garg,
rs District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/22.04.2024
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 4CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables PvtLtd
19.03.2024
Present : Ms. Lalita, Advocate, Proxy Counsel for the Plaintiff.
Process issued to the defendant is received back un-
served.
In these circumstances, issue fresh process to the
defendant, as per previous orders, for the next date of hearing, on
22.04.2024.
Brijesh Kumar Garg,
rs District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/19.03.2024
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 7CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables PvtLtd
21.02.2024
Present : Sh. Chaman Sharma, Advocate for the Plaintiff.
The Ld. Counsel for the plaintiff has made clarifications
regarding the delivery of goods.
In view of the submissions of the Ld. Counsels for the
plaintiff, issue summons of the suit for settlement of issues to the
defendant, by all modes, including electronic modes, on filing of PF
and RC, for the next date of hearing.
In compliance of the judgment of the Hon'ble High Court
of Delhi, in case titled as, ‘North Delhi Municipal Corporation v.
M/s Dhingra Constructions Company’, passed in CM (M) No.
136/2020, dated 05.02.2020, it be specifically mentioned on the
summons that the present suit is a commercial suit and the defendant
is required to file his written statement within the mandatory period of
30 days of his service, and upto a period of 120 days, subject to
permission and cost and no extension can be granted.
Adjourned for further proceedings, on 19.03.2024.
(Brijesh Kumar Garg)
rs District Judge (Commercial Court) - 01
Shahdara, Karkardooma Delhi/21.02.2024
-- 1 of 1 --

Order Details: COPY OF ORDER
Pdf Text: 6CS (COMM)96/24
M/s Shree Kamakhya Roadlines Pvt Vs. M/s Shiv Priya Cables PvtLtd
08.02.2024
Fresh commercial suit for recovery is received on assignment
through e-filing portal of the District Court. It be checked and
registered.
Present : Sh. R.K. Sharma, Advocate for the plaintiff.
Case file is perused.
Submissions of the Ld. Counsel for the plaintiff are also
heard.
The Ld. Counsel for the plaintiff seeks some time to file
the documents regarding delivery of goods and to make clarifications
regarding the territorial jurisdiction of this Court to try and entertain
the present dispute.
On request of the Ld. Counsel for the plaintiff, adjourned
for filing the delivery documents and for consideration of the present
suit on 21.02.2024.
(Brijesh Kumar Garg)
rs District Judge (Commercial Court) - 01
Shahdara, Karkardooma Delhi/08.02.2024
-- 1 of 1 --